A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 30, 2015, the Defendant: (a) 06:30 on August 30, 2015, when the Defendant was in a taxi driven by the Victim C (the 57-year-old) and was under the influence of alcohol in the vicinity of the Gwangju Manam-dong, the Defendant was at the time of the victim’s head with his cell phone when he was in the direction of mass production distance in the Yangsandong-dong, Gwangju Manam-dong.

As a result, the Defendant assaulted the driver of a vehicle in operation, and caused the victim to suffer a string, such as a face-to-face, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Recording records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing guidelines [Determination of types] and six months from six months to two years (competence of the lower limit of the applicable sentencing guidelines) for violent crimes: Class 4 (Bodily Injury by Drivers) - mitigated elements: Minor injury, Non-Mitigation of Punishment (Determination of the recommended area): Imprisonment with prison labor for five months [Scope of the recommended area] and five months to two years [Scope of the corrected recommended punishment].

3. An act of assaulting a driver who is under the sentence of sentence may lead to a serious traffic accident and thus, is highly dangerous, and the defendant may have the power to be punished for violent crimes, etc. that are disadvantageous to the defendant.

The degree of injury is relatively minor, and the victim does not want the punishment of the defendant by mutual consent with the victim.